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Did you know that an Ethical Misconduct Grievance against Llano City Attorney Carey Bovey was filed with the State Bar of Texas?

A Professional Misconduct Grievance against Llano City Attorney Carey Bovey was submitted to the State Bar of Texas for his unethical behavior on a judicial review petition, Cause 18504. The claim is that City Attorney Carey Bovey's misconduct was developed, in collusion with District Judge Allan Garrett, to deny access to a judicial review as defined by Texas Zoning Statute 211.011, for which the outcome was clear and malfeasance was his only option.

Listed below are claims from the filing showing the numerous violations of the Texas Disciplinary Rules of Professional Conduct. The complete ethical misconduct complaint filing is posted here.

Importance to Citizens of Llano:

The City of Llano brazenly violated 3 zoning laws. These laws protect property owners. Mr. Bovey collaborated with Judge Garrett by violating 26 laws that protect citizens from city lawlessness. The City of Llano is in the process of "overhauling" the entire zoning ordinance in violation of some of the same laws. This will affect every property owner in Llano. Since the City knowingly will violate the law, and the judicial system will knowingly violate the law to support the city, property owners cannot depend on the laws to protect their rights. So who actually owns the property? With property taxes, eminent domain, zoning laws, and now a lawless city government and judicial system, it surely isn't the citizens. The complete documentation for the zoning violations judicial review are here.

It is also important to recognize that the City Attorney's responsibility is to represent the City and not the citizens. As in this case, City Attorney Bovey is supporting the lies and illegal actions of City Manager Lewis at the expense of, rather than the best interest, of the citizens of Llano. This should be managed by the mayor and council, however Mayor Virdell refuses to put a closed meeting on the agenda to resolve this issue.

Background:

City Manager, Brenton Lewis, overtly lied to the Llano Planning and Zoning Commission, lied to the Llano City Council, and lied to Llano citizens. He even committed aggravated perjury in a sworn affidavit to the Texas Third Court of Appeals. Llano City Council violated zoning laws and approved the zoning ordinance change. 79 Llano Citizens lost their property rights. The City has spent about $20K to cover-up the violations.

In an attempt to correct the City's violations, a Petition for Judicial Review was filed with the Llano District Court and Judge Allan Garrett received the case. A judicial review is a specific, unique process where the petitioner presents a complaint to a judge, the judge orders the City to answer the complaint in writing, and the judge evaluates the law and makes a judgment. It is a very different process than a lawsuit and the process is specifically articulated in Texas Statutes.

See other articles on this case here, here, and here.

Claims:
City Attorney Carey Bovey's Willful Misconduct

I assert that, during 3rd Court of Appeals case 03-13-00580-CV and Llano District Court Cause 18504, Mr. Bovey demonstrated unethical behavior as defined by Texas Disciplinary Rules of Professional Conduct (TDRofPC) and Texas Lawyer’s Creed (TLC) as summarized here with details following:

1.      Knowingly Making False Statements of Fact in Newspaper Article On 3/26/14, Llano City Attorney Carey Bovey published an extrajudicial article in the Llano News, regarding an ongoing case, with the intent of manipulating public opinion and impugning the character, credibility, and reputation of the pro se opponent. This is socially unethical and a violation of TDRofPC Rules 3.07(a), 3.07(b)(1), 3.07(c)(2), 4.01, 4.01(a), 4.01(b), 4.04,1.05(d), 3.01.

2.      Ex Parte Contacts Mr. Bovey had ex parte communication with District Court Judge Allan Garrett causing Judge Garrett to violate Judicial Conduct Rule 3A(4). This is a violation of TDRofPC Rules 3.03(a)(1),3.05(a), 3.05(b), 8.04(a)(6).

3.      Facilitating and Committing Perjury - Mr. Bovey authenticated, signed, and submitted a perjurious affidavit to the Texas Third Court of Appeals. When exposed, he justified the perjury with spurious arguments and obfuscation instead of withdrawing or correcting the document. This is a violation of TDRofPC Rules 3.03(a)(1), 3.01 Comment ¶3, 3.03(a)(5), 3.03(b), 3.03 Comment ¶2, 1.02(c), 1.02 comment  8, 1.15(a)(1), 8.04, 4.01, 4.01(a), 4.01(b), 4.04, 1.05(d), 4.01 Comment 3, 8.04(a)(1), 8.04(a)(2), 8.04(a)(3), and TLC §IV (6)

4.      Knowingly Misrepresent, Mischaracterize, Misquote and Miscite Facts In numerous statements and arguments in his filings with the 3rd Court of Appeals, District Court Hearingl, and in an article in the newspaper, Mr. Bovey knowingly misrepresented and mischaracterized the facts and the law and knowingly misquoted and miscited facts and the law.  This constitutes dishonesty toward the tribunal. This is a violation of TDRofPC Rules. 3.03(a)(1), 3.03(a)(5), 4.01, 4.01(a), 4.01(b), 4.04, 8.04(a)(3) and TLC §IV (6).

5.      Took a Position that maximized costs and unreasonably delayed resolution - Mr. Bovey’s strategy during the entire judicial review process was to delay and avoid actually answering the judicial review. Had this been done voluntarily, the City would not have incurred any legal fees. At the onset, Mr. Bovey knew the City had violated zoning laws. The simple, ethical, and best solution for the City and citizens would have been to simply answer the Judicial Review complaint. This is a violation of TDRofPC Rule 3.02.

6.      Unconscionable Fees & Frivolous Filings Mr. Bovey charged the City of Llano ~$18,000, to-date, for an appeal where the City was not involved in the issues of the appeal and the City had nothing at all to lose or gain. Had the City been properly informed, they would not have agreed to pursue the action. These fees were unreasonable, excessive, and unnecessary. Mr. Bovey had the opportunity to correct the legal violations prior to any legal action having occurred. This can also be considered frivolous. This is a violation of TDRofPC Rules 3.01, 3.01 Comment ¶3, 3.02.

7.      Conflict of Interest In the interest of some of his clients, Mr. Bovey declined dismissal of other clients. This is a violation of TDRofPC Rule 1.06(b).

8.      Public embarrassment of the profession and disrespect to the court Mr. Bovey’s bad behavior is highly visible in Llano and Burnet County through numerous articles in the local newspapers and through the LlanoWatch.org website where the entire episode is chronicled. This is a violation of the basic objectives of the TDRofPC §VIII and the TLC.

 

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